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148Dworkin and Phenomenology of the “Pre‐Legal”?Ratio Juris 25 (3): 393-408. 2012.Ronald Dworkin states in his preface to “Law's Empire” (1986) that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin's theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin's phenomenology of law to Schütz's phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary for law, and that is a Phenomenolog…Read more
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49I will demonstrate that conductive arguments are found in the inference to the best explana-tion as it is used in science. Conductive arguments, I argue, operate on two levels: the first is in the con-struction of hypotheses; the second is through the competition of hypotheses. By constructing arguments based on observations of facts, all possible factors are taken into account and a judgment is made based on our weighing of considerations: conductive argumentation.
Western Sydney University
Alumnus
Areas of Interest
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